16-01: Support for Conservation District Water Reservations

THEREFORE BE IT RESOLVED, that the Montana Association of Conservation Districts will oppose any efforts to revoke or reduce the flow rates and volumes of any and all Water Reservations held by Conservation Districts.

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13–07: Legal Clarification of Reserved Water Rights

THEREFORE, BE IT RESOLVED that Montana Association of Conservation Districts (MACD) shall encourage, through contact and monitoring feedback reports, the Montana Department of Natural Resources to adhere to Section 89-8-107 of the Act, and Section 85-2-316(8)(a) M.C.A. and assist conservation districts in their efforts to promote beneficial use of Montana’s waters by allowing use of conservation district reserved water to be exempt from the DNRC change process if:

1) The source was identified on the original reserved water application;

2) The original public notice of the CD reflects correct information of proposed use;

3) The place of use, township, and range are listed on the original reserved water

application;

4) The proposed use does not exceed 10.0 cfs or 1,000 ac/ft per year; and

5) The purpose is for agricultural irrigation.

BE IT FURTHER RESOLVED that the Montana Association of Conservation Districts working jointly with DNRC to adhere to M.C.A. 85-2-316(8)(a) to approach the Montana legislature to provide sufficient funding and staff to timely process approved conservation district reserved water applications.

AND BE IT FURTHER RESOLVED that Montana Association of Conservation Districts seek legal clarification that a conservation district reserved water right is a conditional water right protected by law as is a permit to appropriate water, and as such is not subject to the same requirements of a new water right permit application.

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10-05: Water Reservations & Change of Use

THEREFORE, BE IT RESOLVED, that Montana Association of Conservation Districts encourage the Montana Department of Natural Resources and Conservation to assist conservation districts in their efforts to promote beneficial use of Montana’s waters by supporting legislation allowing use of conservation district reserved water under approved development plans by exempting proposed projects from the change in appropriation process under Title 85, chapter 2, part 4, Mont. Code Ann., where:

1) The source is identified on the original reserved water application;

2) The original public notice reflects correct information of proposed use;

3) All or any portion of the proposed place of use is located in any township, range, of the originally designated project boundary as defined in the original plan. ;

4) The proposed use does not exceed 10.0 cubic feet per second or 1,000 acre feet per year; and

5) The purpose is for agricultural irrigation.

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10-02: Water Reservation for Other than Agriculture Uses

THEREFORE, BE IT RESOLVED that the Montana Association of Conservation Districts encourages the Montana Department of Natural Resources and Conservation to assist conservation districts in their efforts to promote beneficial use of Montana’s waters through the change in appropriation right process to allow use of conservation district reserved water for purposes other than agriculture.

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